Cashew Corp Scam: Kerala High Court Slams State For Repeatedly Blocking CBI Prosecution Of Ex-Officials; Says Courtesy Shown By Court Misused

The Kerala High Court once again came down heavily on the State for denying sanction for the Central Bureau of Investigation (CBI) to prosecute allegedly corrupt ex-officials of the State Cashew Development Corporation (KSCDC).Justice A. Badharudeen orally told yesterday that the third-time denial of State sanction was a misuse of the Court's grace since an opportunity was given to rectify its mistake of earlier denials.“Look, while passing the order, I have the option for directly to go for contempt. Primarily, finding contempt, given an opportunity for rectifying your own mistake. As a courtesy. Then you again misuse the courtesy and confirmed the order. The grace shown by a Court, that grace was misused. Then how will you say contempt will not lie? Definitely would lie. No doubt about it.”The Court was seized with a contempt petition moved after the State again declined nod for CBI prosecution, despite a previous direction of the High Court in Kadakampally Manoj v. State of Kerala and Ors. setting aside State's first order refusing to grant sanction in the matter.CBI had sought sanction for prosecuting former officials of the KSCDC including the former Chairman R. Chandrasekharan and former Managing Director K.A. Ratheesh in a corruption case. It is alleged that they entered into criminal conspiracy with one Jaimon Joseph and dishonestly awarded contracts to its firm M/s JMJ Traders, causing losses of several crores to the Corporation.On a previous occasion also, the Court had orally criticised the government saying that it seemed to be siding with corrupt officials. Yesterday, the Court questioned the State's counsel how it can be argued that contempt was not committed when the Court had found that there was, in fact, contempt and had passed interim order asking for a revision of the denial of sanction.The Court orally told the government pleader that since the State had not challenged its order for verification and chose to obey the order, it cannot go back.“That is not challenged. You obeyed. Then you are bound by the order. You conceded the order. That's why you agreed that there was contempt. How will you get out of contempt? I have passed earlier order finding that there is contempt but provided opportunity to rectify by way of reconsideration. Then why should you say that there is no contempt? That is the finding of this Court,” Justice Badharudeen pointed out.The State had filed an additional counter affidavit after the contempt petitioner had submitted an additional affidavit alleging that the State's third-time denial of prosecution was a contemptuous action since it disobeyed the Court's interim order for reconsideration.Since the Court did not get a physical copy of the additional counter, the Registry was directed to place the same in the case bundle. Thereafter, it posted the case on December 8 for further consideration.Case No: Con.Case (C) No. 908 of 2025Case Title: Kadakampally Manoj v. Mohammed Hanish

Cashew Corp Scam: Kerala High Court Slams State For Repeatedly Blocking CBI Prosecution Of Ex-Officials; Says Courtesy Shown By Court Misused

K. Salma Jennath

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